Ex-prison supervisor sentenced to 30 years for inmate's death

MONTGOMERY | A former prison supervisor received a 30-year sentence Monday and three former guards got lesser sentences for their roles in the fatal beating of an inmate or the cover-up that followed.

By Phillilp Rawls | The Associated Press

MONTGOMERY | A former prison supervisor received a 30-year sentence Monday and three former guards got lesser sentences for their roles in the fatal beating of an inmate or the cover-up that followed.

U.S. District Judge Myron Thompson ordered the 30-year sentence for former Lt. Michael Smith for the Aug. 4, 2010, beating death of inmate Rocrast Mack at a state prison in Clayton. Three former guards received sentences ranging from five to seven years.

U.S. Attorney George Beck said it as sad to see people who are supposed to uphold the law be in court for violating the law.

"In my opinion, because of the torture and dastardly acts committed, the sentences could have been and should have been much higher," he said.

Smith's lawyer, Christine Freeman, said he plans to appeal his conviction and sentence.

Mack, 24, was serving a 20-year sentence for a drug conviction from Montgomery County when he was beaten at the medium-security Ventress Correctional Facility. Testimony showed a female officer hit Mack first when she caught him inappropriately touching himself in his prison bed. Mack hit her back, and the officer radioed for help, saying an inmate had jumped on her.

Smith, the shift supervisor, and other officers responded. The 5-foot-11, 160-pound inmate was hit repeatedly by officers. Witnesses at Smith's trial said he was angry over the female officer suffering a bloody lip, and he hit, kicked and stomped on Mack's head to send a message to other inmates that they better not touch one of his officers. Witnesses said Smith's first blows occurred in his prison office and they continued after Mack was taken to the prison infirmary. Mack died the next morning at a Montgomery hospital.

The Alabama Department of Corrections initially said Mack struck an officer and continued to resist when officers tried to restrain him, but a state and federal investigation soon began.

Smith was convicted in June of violating Mack's constitutional rights, conspiracy and obstruction of justice.

The other three pleaded guilty either before or after Smith's trial.

Matthew Davidson got a seven-year sentence for two counts of violating Mack's rights and one count of conspiring with others to obstruct justice. Scottie Glenn got five years for one count for pleading guilty to violating Mack's rights and one count of conspiracy. In giving them lesser sentences, the judge noted that Davidson radioed for medical help for Mack, and Glenn tried to get Smith to stop hitting the inmate.

Joseph Sanders received five years for one count of obstructing justice by lying to prison investigators, including saying he didn't see Smith hit Mack repeatedly with a fiberglass baton.

Mack's niece, Keyvon Ollison of Montgomery, said she was hoping Smith would get a life sentence for repeatedly striking her uncle as he lay on the infirmary floor.

"You don't keep stomping and kicking someone. That's as low as you can get," she said.

Smith's attorney said a life sentence in the federal prison system is equivalent to life without parole in the state prison system, and the judge chose not to give him the longest possible sentence.

The judge said Smith had "a depraved heart" and tortured Mack. But he also said overcrowding, understaffing and insufficient staff training played a role that night in how things got out of hand.

State Corrections Commissioner Kim Thomas said Monday the four are not representative of the department's staff. "Inmate abuse, excessive use of force, or any other type of criminal activity will not be tolerated in our facilities," he said.

The acting assistant attorney general for the U.S. Justice Department's civil rights division, Jocelyn Samuels, said, "The Justice Department will continue to vigorously prosecute those officers who commit such heinous criminal acts, and I hope that these sentencings help bring some measure of closure to the Mack family."

Smith, who has been in custody since his conviction, was taken back to jail. The other three defendants report to prison on Jan. 6.

Smith, Glenn and Davidson face a restitution hearing later.

Mack's family sued the state after his death and reached a $900,000 settlement, with $440,000 of it going to his son, Rocrast Mack Jr.

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